Landlord Wasn't Responsible for Attack by Tenant's Pit Bull on Delivery Person

A delivery person sued both landlord and tenant for personal injuries after the tenant's dog jumped on him and bit him, causing him to fall twice. The court granted landlord's request to dismiss the case against her, finding she wasn't responsible for the incident. The court also dismissed a portion of the plaintiff's claim against tenant because New York doesn't recognize a common-law negligence cause of action to recover damages based on an owner's alleged negligence in the handling of a dog. The delivery person appealed and lost. Landlord established that she wasn't aware, nor should she have been aware, that tenant's dog had any vicious propensities. The mere fact that the dog was a pit bull was insufficient to raise a triable issue of fact as to whether landlord should have been aware that the dog had vicious propensities. 

Castillo v. Berne: Index No. 700663/21, App. No. 2023-04370, 2024 NY Slip Op 04191 (App. Div. 2 Dept.; 8/14/24; Nelson, JP, Miller, Dowling, Wan, JJ)